Question: Section III . Practical Skills Section . (Max. Points for this Section = 10 Points). This Section consists of one Question, with various subparts, that
Section III. Practical Skills Section. (Max. Points for this Section = 10 Points). This Section consists of one Question, with various subparts, that requires you to attempt to find and read a judicial opinion. You might choose to review the short video entitled How to Read a Case and Understand What it Means posted on Canvas for this course under Week No. 3. Perform the basic functions required by each of the questions below and respond directly to the questions posed in their respective subparts. All work must be your own without assistance or input from anyone else.
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1. Review the case of Marshall v. JP Morgan Chase Bank and respond to the following questions regarding the Courts Opinion. The case can be accessed through the following link: https://law.justia.com/cases/new-jersey/appellate-division-unpublished/2012/a1405-11.html
A. Who is the Plaintiff in this case? (2 Points)
B. Explain what a Defendant is? (2 Points)
C. Identify the Court that issued the Opinion and state whether it is a federal or state court. (2 Points)
D. Explain why the Plaintiff refused to produce the summary of her notes to Defendant Chase Bank. (1 Points)
E. Is the attorney-client privilege an absolute privilege? Explain. (1 Points)
F. Did the trial court agree with the Defendant and compel the Plaintiff to turn over the summary of her notes? Explain why or why not. (2 points)
Section IV. (Optional) Extra Credit Section. (Max. Points for this Section = 6 Points).
Read the case of Atalese v. U.S. Legal Services Grp., L.P. (2014), and respond to the following questions about the Courts decision. The Atalese case can be accessed through the following link:
https://caselaw.findlaw.com/nj-supreme-court/1678725.html
Q1. In the Atalese case, the New Jersey Supreme Court cited the lower courts recognition of the validity of arbitration clauses in commercial contracts. The Court noted the general legal principle that an arbitration provision will be enforced so long as it is sufficiently clear, unambiguously worded, satisfactorily distinguished from the other [a]greement terms, and provide[s] a consumer with reasonable notice of the requirement to arbitrate. However, in the Atalese case, the New Jersey Supreme Court determined that the arbitration clause was not legally enforceable. Explain why the Supreme Court disagreed with and reversed the lower courts decisions and what kind of language does the NJ Supreme Court now require in arbitration clauses or agreements?
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